ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. B. A. No. S – 593 of 2020

Date of hearing

Order with signature of Judge

1. For orders on office objection
2. For hearing of bail application

01.02.2021

Mr. Amjad Ali Panhwar, Advocate for the applicant.

Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.

O R D E R

Fahim Ahmed Siddiqui, J. Through the instant application, the applicant is seeking anticipatory bail in a case registered against him at Police Station, Kotdiji for offence under Sections 337-A(ii), (i), L(ii), 147, 148, 149 PPC.

I have heard the arguments advanced and have gone through the relevant record. From whatever uttered before me and perused from the record, I have observed as under:

a) It is alleged in the FIR that Naushad is displeased with the complainant party over a plot, which according to the complainant, is in his possession but same belongs to Government and Naushad and others were restraining the complainant from such possession over the said plot on which the house of the complainant is built.

b) From the very intro of the body of FIR, it appears that the complainant himself has occupied Government land and some other residents were restraining him, which clearly means that complainant has not come before the Court with clean hands.

c) The specific motive is alleged against Naushad and not against the present applicant.

d) In the instant case, the complainant succeeded in getting final medical certificate three (03) days earlier to lodgment of FIR but in spite of that he has delayed in lodging the FIR.

e) The principal accused against whom motive is alleged, succeeded in getting bail from the trial Court.

f) As pointed out by the learned DPG, there is contradiction in respect of seat of injury, as per contents of FIR and medical certificate.

g) All the sections are bailable save section 337-A(ii) PPC, which does not fall with the prohibitory clause.

In view of above observations, I am confident to hold that the case of anticipatory bail has been made out; hence interim bail, earlier granted to the applicant, is confirmed on same terms and conditions.

It is further observed that if, after getting bail, the applicant misuses the concession of bail or/and becomes absconder then the trial Court is fully competent to take every action against the applicant and his surety, including cancellation of bail, without making Reference to this Court.

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J U D G E

N.M.